Lojo Realty Co. v. Estate of Isaac G. Johnson

Appellate Division of the Supreme Court of New York

Lojo Realty Co. v. Estate of Isaac G. Johnson

241 A.D. 679

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1934·Published

Opinion

Order so far as appealed from affirmed, with twenty dollars costs and disbursements, with leave to defendant to answer within twenty days from service of order upon payment of said costs. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents upon the ground that the equity action for specific performance being still pending, any right of damages must be determined therein. Plaintiff cannot maintain two actions at the same time on the same cause of action. No election of inconsistent remedies is involved herein.

Free access — add to your briefcase to read the full text and ask questions with AI

Order so far as appealed from affirmed, with twenty dollars costs and disbursements, with leave to defendant to answer within twenty days from service of order upon payment of said costs. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents upon the ground that the equity action for specific performance being still pending, any right of damages must be determined therein. Plaintiff cannot maintain two actions at the same time on the same cause of action. No election of inconsistent remedies is involved herein.

Lojo Realty Co. v. Estate of Isaac G. Johnson, 241 A.D. 679 (N.Y. Ct. App. 1934).

Pincite

241 A.D. 679 (Lojo Realty Co. v. Estate of Isaac G. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.